cross-posted from: https://programming.dev/post/36089101

The Office of Defects Investigation (“ODI”) has identified numerous incident reports submitted by Tesla, Inc. (“Tesla”) in response to Standing General Order 2021-01 (the “SGO”), in which the reported crashes occurred several months or more before the dates of the reports. The majority of these reports involved crashes in which the Standing General Order in place at the time required a report to be submitted within one or five days of Tesla receiving notice of the crash. When the reports were submitted, Tesla submitted them in one of two ways. Many of the reports were submitted as part of a single batch, while others were submitted on a rolling basis.

Preliminary engagement between ODI and Tesla on the issue indicates that the timing of the reports was due to an issue with Tesla’s data collection, which, according to Tesla, has now been fixed. NHTSA is opening this Audit Query, a standard process for reviewing compliance with legal requirements, to evaluate the cause of the potential delays in reporting, the scope of any such delays, and the mitigations that Tesla has developed to address them. As part of this review, NHTSA will assess whether any reports of prior incidents remain outstanding and whether the reports that were submitted include all of the required and available data.